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Re: ITP: crawl -- Dungeon Crawl

[follow-ups to debian-legal]

On Sat, Mar 10, 2001 at 07:01:58PM +0100, Guus Sliepen wrote:
> On Sat, Mar 10, 2001 at 07:45:21PM +0200, Yotam Rubin wrote:
> > I'm afraid the license is not DFSG compliant:
> >   "6. No Discrimination Against Fields of Endeavor
> The license states that it can be used by for-profit organisations, but you
> may not distribute it and charge money for that (except for the CD/packaging).

I've looked at the license and this is not what it states. Crawl is licensed
under the same license as Nethack and this license looks very much like
the GPL.

I can see where the confusion comes from, though. Just below item 4 of
the license the license of Crawl says: "Stated plainly: *You are
prohibited by terms of this License Agreement from using Crawl for
gainful purposes.* You are permitted..." The *...*'s are mine and the
sentence between them does not appear in the Nethack license.

If you ask me, the statement between the *...*'s is simply false :-) The
license does not prohibit you from selling Crawl (or Nethack). But, since
the author seems to think you can't sell Crawl for profit, it is probably
wise to first contact the author about whether or not to distribute it
with Debian. It's probably legal to do so anyway, but it's always nice to

As for the difference between profit/non-profit organizations: there's
nothing at all in the license that makes that distinction. 

Peter van Rossum
                        Crawl General Public Licence
                               Linley Henzell
                    (Copyright 1997-1999 Linley Henzell)
     Yes, this is an almost exact copy of the Nethack Licence, but has
     obviously been adapted for Crawl (under the 'terms for other
     programs' portion of paragraph one). Crawl contains no code from
     Nethack in any shape or form.
                Based on the NETHACK GENERAL PUBLIC LICENCE
                       (Copyright 1989 M. Stephenson)
                 Based on the BISON GENERAL PUBLIC LICENCE
                    (Copyright 1988 Richard M. Stallman)
     Everyone is permitted to copy and distribute verbatim copies of
     this licence, but changing it is not allowed. You can also use this
     wording to make the terms for other programs.
     The licence agreements of most software companies keep you at the
     mercy of those companies. By contrast, our general public licence
     is intended to give everyone the right to share Crawl. To make sure
     that you get the rights we want you to have, we need to make
     restrictions that forbid anyone to deny you these rights or to ask
     you to surrender the rights. Hence this licence agreement.
     Specifically, we want to make sure that you have the right to give
     away copies of Crawl, that you receive source code or else can get
     it if you want it, that you can change Crawl or use pieces of it in
     new free programs, and that you know you can do these things.
     To make sure that everyone has such rights, we have to forbid you
     to deprive anyone else of these rights. For example, if you
     distribute copies of Crawl, you must give the recipients all the
     rights that you have. You must make sure that they, too, receive or
     can get the source code. And you must tell them their rights.
     Also, for our own protection, we must make certain that everyone
     finds out that there is no warranty for Crawl. If Crawl is modified
     by someone else and passed on, we want its recipients to know that
     what they have is not what we distributed.
     Therefore I (Linley Henzell, the copyright holder of Crawl) make
     the following terms which say what you must do to be allowed to
     distribute or change Crawl.
                              COPYING POLICIES
    1. You may copy and distribute verbatim copies of Crawl source code
       as you receive it, in any medium, provided that you keep intact
       the notices on all files that refer to copyrights, to this Licence
       Agreement, and to the absence of any warranty; and give any other
       recipients of the Crawl program a copy of this Licence Agreement
       along with the program.
    2. You may modify your copy or copies of Crawl or any portion of it,
       and copy and distribute such modifications under the terms of
       Paragraph 1 above (including distributing this Licence Agreement),
       provided that you also do the following:
         a. cause the modified files to carry prominent notices stating
            that you changed the files and the date of any change; and
         b. cause the whole of any work that you distribute or publish,
            that in whole or in part contains or is a derivative of Crawl
            or any part thereof, to be licensed at no charge to all third
            parties on terms identical to those contained in this Licence
            Agreement (except that you may choose to grant more extensive
            warranty protection to some or all third parties, at your
         c. You may charge a distribution fee for the physical act of
            transferring a copy, and you may at your option offer
            warranty protection in exchange for a fee.
    3. You may copy and distribute Crawl (or a portion or derivative of
       it, under Paragraph 2) in object code or executable form under the
       terms of Paragraphs 1 and 2 above provided that you also do one of
       the following:
         a. accompany it with the complete machine-readable source code,
            which must be distributed under the terms of Paragraphs 1 and
            2 above; or,
         b. accompany it with full information as to how to obtain the
            complete machine-readable source code from an appropriate
            archive site. (This alternative is allowed only for
            noncommercial distribution.)
       For these purposes, complete source code means either the full
       source distribution as available from my web site or updated
       copies of the files in this distribution used to create the object
       code or executable.
    4. You may not copy, sublicence, distribute or transfer Crawl except
       as expressly provided under this Licence Agreement. Any attempt
       otherwise to copy, sublicence, distribute or transfer Crawl is
       void and your rights to use the program under this Licence
       agreement shall be automatically terminated. However, parties who
       have received computer software programs from you with this
       Licence Agreement will not have their licences terminated so long
       as such parties remain in full compliance.
     Stated plainly: You are prohibited by the terms of this Licence
     Agreement from using Crawl for gainful purposes. You are permitted
     to modify Crawl, or otherwise use parts of Crawl, provided that you
     comply with the conditions specified above; in particular, your
     modified Crawl or program containing parts of Crawl must remain
     freely available as provided in this Licence Agreement. In other
     words, go ahead and share Crawl, but don't try to stop anyone else
     from sharing it farther.

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